Marriage of an Adolescent in the Context of Migration
Marriage of an Adolescent in the Context of Migration
Author(s): Kristi Joamets, Lehte RootsSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Family and social welfare, Migration Studies, EU-Legislation
Published by: Univerzita Palackého v Olomouci
Keywords: marriage capacity; migration; cultural pluralism; adolescent; marriage; family law; human rights; EU law; fundamental rights;
Summary/Abstract: The laws of EU member states in relation to age an adolescent can marry differ from state to state but not considerably. This difference is justified by the protection of different cultures of member states. Article discusses how different those cultures in Europe actually are giving the grounds for the conflicts in recognising the marriages or maturity evaluation of adolescents in another member state. It shows that the legal instrument in fighting against the forced and child marriages: “to forbid the adolescent’s marriages at all” does not protect the rights of the child in all cases; even more, this can even lead to the violation of the children’s rights, especially in the context of comparing the marriage to cohabitation and the rights derived from both.
Journal: European Studies - the Review of European Law, Economics and Politics
- Issue Year: 2/2015
- Issue No: 1
- Page Range: 117-130
- Page Count: 14
- Language: English
